Where a person in the military service intends to make an overseas travel, he/she shall obtain permission for overseas travel from the head of the Military Manpower Administration, and where a person who has obtained permission for overseas travel is unable to return to the Republic of Korea, he/she shall obtain permission for

On March 12, 2015, the Defendant obtained permission from the head of the Military Affairs Administration for overseas travel (the period of permission no later than August 31, 2016, and the accusation at the time of failing to return to Korea within 30 days from the expiration date) and stayed in the United States on March 18, 2015.

Meanwhile, even though the Defendant was to return to Korea until August 31, 2016, the Defendant did not return to Korea within the above permission period without justifiable grounds. The summary of evidence is that the Defendant did not obtain permission for extension of the period of overseas travel or permission for overseas travel before the expiration of the permission period (the person who left Korea before becoming 25 years old must obtain permission for extension of the period by January 15 of the year when he turns 25 years old).

1. Statement by the defendant in court;

1. A written accusation;

1. Inquiry into records of immigration offenders;

1. Prior notice on the expiration of the permission period for overseas travel;

1. Application of Acts and subordinate statutes to investigation reports (verification of departure, etc.);

1. Article 94 (2) and Article 70 (3) of the relevant Act on criminal facts;

1. Four months of imprisonment to be suspended;

1. The Defendant, on the grounds of sentencing under Article 59(1) of the Criminal Act of the suspended sentence, continued to stay in the United States without returning to Korea even though the period of permission for overseas travel has expired as a person without military service, and thereby failed to perform his duty

The purport of the Military Service Act stipulating such an act as a crime is to ensure the faithful performance of the duty of military service and to prevent the evasion of the duty of military service as a means of staying abroad, and it cannot be readily concluded that the crime of this case is light in comparison with that of evading other duty of military service.

However, the defendant has graduated from an elementary school and a middle school in Korea and then study in the United States.